Civil Engineering Reference
In-Depth Information
Therefore, if the contractor has covered up work and there is no additional clause in the
contract dealing with the position, the architect will be obliged to make a decision about
opening up the work, with the possibility of additional costs if the work is found to be in
accordance with the contract. However, if a clause is included and the contractor covers up
work either before the architect has inspected or before the notice period has run out, or
without giving notice at all, depending on the wording of the clause, the contractor will be
in breach of contract. The employer will be entitled to damages for the breach sufficient to
put the employer in the same position as if the breach had not occurred. In other words, the
employer could engage others to open up and check the work before covering over again.
In practice, the contractor would probably realise its error and open up and carry out rein-
statement itself. Obviously it would not be entitled to payment, whatever was found, be-
cause it would be remedying its own breach.
